Senate bill seeks to give West Virginia private schools ‘freedom from government oversight’

by Amelia Ferrell Knisely, West Virginia Watch
February 2, 2026

The Senate is advancing a GOP-backed bill that strikes out many current requirements for West Virginia private schools in an effort to give them freedom from governmental oversight, including making standardized testing optional. 

The measure is called the “Restoring Private Schools Act of 2026.” It is sponsored by Sen. Craig Hart, R-Mingo.

“As autonomous entities free of governmental oversight of instruction, private, parochial or church schools may implement such measures for instruction and assessment of pupils as leadership of such schools may deem appropriate,” the bill said. 

Members of the Senate’s Select Committee on School Choice, which has returned this year, got their first look at the bill this week.

Senate Bill 216 would remove numerous current rules for private schools like requiring each school to keep students’ immunization records, observe a minimum of 900 instruction hours per school year and administer national standardized achievement testing.

“It just gives private schools a lot more flexibility in what they would be able to do as far as assessment and attendance and school days,” Eric Kerns, superintendent of Faith Christian Academy in Martinsburg, told lawmakers. “Our accountability is that if people aren’t satisfied with the education they’re receiving, then they go to another private school or back to the public school or they homeschool.”

Sen. Charles Clements, R-Wetzel, tried to amend the bill to continue the requirement that private schools administer a nationally-recognized standardized testing like what is required in public schools. Students’ results would have to be made available to parents, his amendment said. 

“I want to see private schools survive, but I think we have to have guardrails of some sort,” Clements said. “There’s a lot of money around, and it’s a way for people to come in and not produce a product we need … I think it just leaves the door open for problems.”

West Virginia’s school voucher program, the Hope Scholarship, provides around $5,200 per student to be used for tuition at private schools, for homeschooling and more. Around 19,000 students are using the program this school year, typically at private religious schools. 

The amendment was rejected. 

School Choice Committee Chair Patricia Rucker, R-Jefferson, said that national standardized testing would still be available to private schools, and the measure would allow these schools to have more flexibility in choosing newer testing options.

Kerns said his school would continue to assess students regardless if the measure passed, which is permitted in the bill. 

Committee members also rejected an amendment from Sen. Mike Woelfel, D-Cabell, to require that private schools continue keeping students’ immunization records.

“We’re doing away with every rule for these schools,” Woelfel said.

The committee advanced the bill to the full Senate for consideration.

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